Butterfield v. Forrester

King’s Bench, 1809.

11 East 60, 103 Eng.Rep. 926.

Prosser, pp. 586-587

 

Facts: The plaintiff was going real fast down the street on his horse.  The defendant had placed a pole across the road.  The plaintiff hit the pole and fell off his horse.  The plaintiff sued, but at trial was barred from recovery on the ground of contributory negligence.

 

Issue:

 

Rule:

 

Analysis:

 

Conclusion:

 

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